Newsletter No. 121
« Previous Newsletter Next Newsletter »
Free Pint "Helping 52,000 people use the Web for their work" http://www.freepint.com/ ISSN 1460-7239 19th September 2002 No.121 > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = IN THIS ISSUE EDITORIAL MY FAVOURITE TIPPLES From Anjlee Bhatt FREE PINT BAR In Association with Factiva a Dow Jones & Reuters Company JOBS Senior Records Analyst Helpdesk Manager - French Information Officer with Chemistry TIPS ARTICLE "Copyleft, Collaboration & Clusters" By Helen Baxter BOOKSHELF "Creating a successful e-information service" Reviewed by Celia Hukins FEATURE ARTICLE "Resignation or redundancy: understanding your legal rights" By Anne Ku EVENTS, GOLD AND FORTHCOMING ARTICLES CONTACT INFORMATION ONLINE VERSION WITH ACTIVATED HYPERLINKS <http://www.freepint.com/issues/190902.htm> ADOBE ACROBAT VERSION WITH NEWSLETTER FORMATTING <http://www.freepint.com/issues/190902.pdf> > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = > = = = = = = = = = = = = = ADVERTISEMENT = = = = = = = = = = = = = = Online Information 2002: the world's no. 1 event for information professionals, librarians, knowledge managers and publishers 3-5 December 2002, Olympia, London UK More details at <http://www.online-information.co.uk/online/conference.asp> >> LAST CHANCE for super early bird discount! << > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = [li1211] > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = >>> ABOUT FREE PINT <<< Free Pint is an online community of information researchers. Members receive this free newsletter every two weeks packed with tips on finding quality and reliable business information on the Internet. Joining is free at <http://www.freepint.com/> and provides access to the substantial archive of articles, book reviews, jobs, industry news & events, with answers to your research questions and networking at the Free Pint Bar. Please circulate this newsletter which is best read when printed out. To receive the Adobe Acrobat version as an attachment or a brief notification when it's online, visit <http://www.freepint.com/member>. > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = EDITORIAL You know, there's nothing better than getting feedback. I don't mind if it's positive or negative, but like most people I prefer constructive rather than destructive. So I was delighted to hear from a number of Free Pinters about the comments I made last time. How, after 30 years, information vendors are still finding it difficult to provide the right information to the right person, etc. etc. Jerry Baldwin, Library Director at the Minnesota Department of Transportation, has been doing some thinking about this, and reckons the focus on 'right' is all wrong: "It seems to me too many people have, for too long, attempted to solve information problems by trying to identify who that 'right' person is, what the 'right' information is, etc. I think we need to change the mantra to providing the needed information to the person who needs it in the needed format when it's needed. That would put the emphasis on the right concept." It's an interesting point. Information is only information when there's a need. I guess I would prefer a vendor to service my information needs, rather than give me what they feel is right for me at a certain time. Perhaps we're getting bogged down in semantics. Maybe we should be trying to solve these fundamental information issues in a practical way. Mind you, I've worked for enough information vendors to know that we'll probably be no closer in another 30 years. Returning to today, we have no way of knowing what your information needs are at the moment. So we've packed as many different things as possible into today's Free Pint. There is a list of contributors and advertisers at the end, and if you'd like to contribute or advertise then see the details at <http://www.freepint.com>. Cheers William William Hann BSc(Hons) MCLIP, Founder and Managing Editor Email: <william@freepint.com> Tel: +44 (0)1784 420044 Free Pint is a Registered Trademark of Free Pint Limited (R) 1997-2002 > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = > = = = = = = = = = = = = = ADVERTISEMENT = = = = = = = = = = = = = = **********NEW DESKTOP COMPANION TO MARKETRESEARCH.COM********** FINDEX, the industry's most popular directory of research reports, studies, and surveys, contains details about more than 8,000 off-the-shelf market research reports published by over 350 global research publishers. Organized by category, publisher and subject, FINDEX allows you to locate research quickly and easily, precisely when you need it. To order your copy today, call 212.807.2629 or visit <http://www.marketresearch.com/redirect.asp?progid=1703&productid=528786> > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = [mr1212] > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = >>> Free Pint Data Protection Exchange <<< Thursday 26th September 2002, West London, UK <http://www.freepint.com/exchange> This workshop will look at setting up data protection and privacy statements, tracking users, securing and processing client data. "Paul Pedley is an excellent speaker. Very knowledgeable. Would definitely come to another event. Price was reasonable as well." > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = MY FAVOURITE TIPPLES From Anjlee Bhatt * <http://dmoz.org> - Search this vast directory of links or sign up as one of the thousands of volunteer editors that make the Open Directory Project possible. * <http://www.pti.org.uk/> - Need to find info on travel by rail, air, coach, bus, ferry, metro and tram within the UK? This is the place to start. Includes rail, ferry and coach travel between the UK and Ireland, and the UK and mainland Europe. * <http://www.nua.com/> - Online Internet resource portal providing surveys, demographics, statistics and market research, specialising in Internet trends and statistics. * <http://download.com> - One of the best places to look for freeware, shareware, and demo versions on the Internet. Excellent search features and includes software feature articles and reviews, user ratings and comments system. * <http://www.xe.com/ucc/> - And finally, a great, up-to-the-minute currency converter to help with holiday calculations and online spending. Anjlee Bhatt is a Digital Library Officer at UCE <http://www.uce.ac.uk/uceel> and is also working for the Centre for Information Research on the eVALUEd Project <http://www.cie.uce.ac.uk/evalued>. Email your top five favourite Web sites to <penny@freepint.com> or see the guidelines at <http://www.freepint.com/author.htm>. > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = > = = = = = = = = = = = = = ADVERTISEMENT = = = = = = = = = = = = = = MANY MORE SESSIONS ADDED TO FACTIVA'S LEARNING SCHEDULE Factiva Learning Programs has organised many more Factiva.com introductory and advanced learning sessions both online via the Web and as face-to-face seminars. To learn how to search our unmatched collection of sources more effectively register today at http://www.factiva.com/learningschedule > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = [fa1213] > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = FREE PINT BAR In Association with Factiva a Dow Jones & Reuters Company If you have a tricky research question or can help other Free Pinters then do post a message at the Bar <http://www.freepint.com/bar> or the Student Bar <http://www.freepint.com/student>. To have the latest Bar postings sent to you every other day, register for the Bar Digest at <http://www.freepint.com/member>. > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = >>> Free Pint Telecommunications Exchange <<< Thursday 24th October 2002, West London, UK "This Exchange is intended to equip participants with an awareness of the key sources of information on telecommunications, an ability to research the sector efficiently, and a basic understanding of telecommunications networks and services." <http://www.freepint.com/exchange> > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = FREE PINT JOBS <http://www.freepint.com/jobs> As well as the selected listings below, check out the weekly Bar postings which list the latest additions to Free Pint Jobs. This week's can be found at <http://www.freepint.com/go/b19944> and last week's at <http://www.freepint.com/go/b19821>. Here are some of the latest featured jobs: Senior Records Analyst <http://www.freepint.com/go/j2009> Great Records Management jobs available in Stafford; an operational role and also RM analysis including review of procedures & FoI. Recruiter: Sue Hill Recruitment Helpdesk Manager - French <http://www.freepint.com/go/j2015> Leading conglomerate require a French-speaking help desk professional with a background in information. Recruiter: Recruit Media Information Officer with Chemistry <http://www.freepint.com/go/j2018> Proactive role in Central London for Sector Specialist. 21-28,000 pounds plus benefits. Recruiter: Glen Recruitment [The above jobs are paid listings] Free Pint Jobs is a great place for finding and advertising information-related vacancies. Job seekers can search the database for free, and set up a profile to be notified weekly of relevant new vacancies. Recruiters will receive significant publicity for listed vacancies, and jobs will be matched against the 600+ stored job seeker profiles. Find out more today at <http://www.freepint.com/jobs> > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = TIPS ARTICLE "Copyleft, Collaboration & Clusters" By Helen Baxter Traditional business practices are being turned on their heads. Even five years ago the concept of waiving the protections of copyright, or giving intellectual property away for free would have seemed absurd, let alone the notion of collaborating with your competitors in 'Business Clusters' <http://www.knowledgeboard.com/cgi-bin/item.cgi?id=70673>. This new way of working suits individuals and smaller, more adaptable organizations, but the larger corporates are struggling to cope, fighting tooth and nail to hold on to their old power bases. The Napsterisation of Everything -------------------------------- The now legendary music swapping service popularised person-to-person or peer-to-peer file. It allowed people to use the collective power of their networked computers to share music with one another, and was closed down due to lawsuits placed against it for copyright infringement by the music giants <http://writ.news.findlaw.com/books/reviews/20010720_hodes.html>. This simple idea has revolutionized the online environment and is now being applied in many different ways such as e-government <http://www.egovernment.bt.com/reports/p2p.htm>. Is the concept of copyright and intellectual 'property' now at odds with the knowledge economy and the new tenet that the sharing of knowledge is power? Leading KM guru Dr Edna Pasher <http://www.pasher.co.il> says: "I have been coping with the question of knowledge sharing vs knowledge protecting for a long time, and so have my friends in the KM and IC pioneers community. It is a very complex issue. In the early 1990s some of us believed that since knowledge is very difficult and very expensive to protect, people will stop investing in its protection and instead speed up exploiting it as soon as possible. We were all exposed at that time to research findings that told a very interesting story: a patent costs on average $250,000 to create and only 50% of them were turned into products or services that were making money for the companies that had invested in them. But the opposite has happened since then. Companies are investing more in turning knowledge into intellectual property. In addition they focus attention on leveraging it as well. Dow Chemicals has started its KM programme with such a goal. Gordon Petrash, who was their first knowledge manager, was asked to start by exploring the potential of their patents portfolio, what they called knowledge assets. IBM has also made high profit from their patents business. There is a growing demand for lawyers specializing in intellectual property. It costs money to create knowledge, so isn't it fair to charge those that want to use it? On the other hand, is fast exploitation not a better strategy? It seems that different strategies need to be adopted in different industries. A complex solution is used in pharmaceutics. After 25 years the patents become public knowledge. Is it fair? Should it be longer or shorter? Another issue to explore is the assumption behind knowledge sharing. It is based on the gift economy. You give something under the assumption that sometime someway somewhere you will get something back for it. It is not that altruistic. And when most of it, including open source activities, is done on company time, who should benefit from it?". Copyleft, Open Source & Collaboration ------------------------------------- As content professionals we are all familiar with copyright, which gives the author of an original piece of creative work the right to control copying of that work for their lifetime, and up to 50 years after their death. Copyright is automatically created once an original work is written down or recorded in some way <http://www.wikipedia.com/wiki/Copyright>. Fast forward to the present day and most of us that work in the online arena are familiar with the concept of Open Source software such as Linux and the GNU Project. The main argument for using Open Source software is that is allows for 'independent peer review', whereby programmers all over the world can review and amend the code base, allowing the software to continually evolve into a better product. It is the GNU Project <http://www.gnu.org/gnu/thegnuproject.html>, which first came up with the concept of copyleft <http://www.gnu.org/copyleft/copyleft.html>. "Copyleft uses copyright law, but flips it over to serve the opposite of its usual purpose: instead of a means of privatizing software, it becomes a means of keeping software free. The central idea of copyleft is that we give everyone permission to run the program, copy the program, modify the program, and distribute modified versions--but not permission to add restrictions of their own." We are entering the era of self publishing that allows the creator of a work to distribute directly to the end consumer. Innovations such as 'Blogging' may be seen in retrospect as important as the printing press. Are MP3's the 'new bootlegs' ---------------------------- With the advent of CD burners and good quality desktop printers, anyone can create an identical copy of a CD bought in a music shop. Large media groups such as record companies and Hollywood studios are desperately trying to hang on to their monopoly of distribution and legislate against the world changing, but it's too late <http://www.thestandard.com/article/display/0,1151,16905,00.html>. Smaller swifter companies are already coming up with new models, and techno-savvy artists can now utilise viral distribution systems using sharing and collaboration to get their work to the end consumer. I run an independent record label <http://www.tmet.net> with my husband. As a label you might think that we would naturally support the strict enforcement of copyright. Instead we are using an alternative model based on a sliding scale of costs determined by what product we actually deliver to the end consumer. Working on the theory that the viral distribution of low quality digital files will help create a market for our music, we offer a 'low fat, low-fi' free download of our new album in mono. We assign copyleft to this version, and actively encourage people to pass it on to their friends. We then charge a small payment for the ability to download a 'full fat, hi-fi' download in stereo plus the artwork for a CD label and cover. The consumer could receive a copy of the album within minutes, then burn a CD, print the label & cover and provide their own case. Copying of this stereo version is controlled by copyright, but when the cost is only a few dollars people are more likely to part with some cash. We could also offer an 'extra cream, sci-fi' DVD version where we physically create an album made in surround sound, containing extra features such as dance-floor remixes, behind the scenes footage, interviews with the artists, etc. Most people these days spend more on their home entertainment systems than a stereo. If the cost of the DVD version is comparable to a traditional music CD with no extra features, it becomes a far more attractive product. A quick look around the web shows that other labels are going down this route such as the latest offering from rap artist Eminem <http://www.videostoremag.com/news/html/breaking_article.cfm?sec_id=>. Movies ------ According to some reports, half a million pirate movies are downloaded each day, so will this destroy the industry? Take a masterpiece such as Lord of the Rings. First I went to see it at the cinema (twice), then I got hold of a very low-quality copy to watch at home. I love the film so much that I am about to buy the Collector's DVD Gift Set. Why would I buy a legitimate copy when I already have a pirate copy? Because I get a better quality copy with the added value of the extra features, and other net users agree. I found these comments on a message board: "I have viewed copies of both movies and yes I have seen both in the theatre and I'm planning to buy both when they come out on DVD ...". "I think quite a few of the downloaders still go to the movies. Even though you have seen the movie before, you still get some value for your money: big screen picture and excellent sound stage. Also many even buy a DVD after that. The downloadable movies aren't exactly good enough quality for a high quality home theatre system" <http://www.provenanceunknown.com/archive/000201.html>. It has been claimed for many years that no-one will ever pay for anything online, but subscription services to gaming communities are thriving. Examining the network of geeks I know worldwide, I've seen a pattern emerge over the past two years. We used to proclaim that everything online should be free, but all of us are now happily paying for some service or other that adds value to our lives, or more importantly, saves us time. If we are prepared to pay for things after holding such radical views about the right of free information, then the rest of the world will surely follow in time. The dinosaurs died because they couldn't adapt to a changing environment. Here's to collaboration not competition and a new way of doing business in the noughties. Shaun Fanning who invented Napster should be seen as a peer-to-peer pioneer and not the evil pirate the music industry have made him out to be. At the age of 18 he wrote the code that has the potential to change the world. And it's already happening <http://www.time.com/time/poy2000/pwm/fanning.html>. > - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Helen Baxter is editor of KnowledgeBoard <http://www.knowledgeboard.com>, a community of over 3,000 Knowledge Management professionals from over 78 countries worldwide. She has worked in the UK internet industry since 1994 as a writer (All You Need to Know About the Internet, Digital Cognition, 1997), trainer, & media consultant, and has a passion for collaborative networks and online communities. Now based in New Zealand, she also runs a dance music record label with her producer husband, Chelfyn. <http://www.tmet.net>. > - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Related Free Pint links: * "Information and Libraries" resources in the Free Pint Portal <http://www.freepint.com/go/p69> * Post a message to the author, Helen Baxter, or suggest further resources at the Free Pint Bar <http://www.freepint.com/bar> * Read this article online, with activated hyperlinks <http://www.freepint.com/issues/190902.htm#feature> * Access the entire archive of Free Pint content <http://www.freepint.com/portal/content/> > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = > = = = = = = = = = = = = = ADVERTISEMENT = = = = = = = = = = = = = = ****Tailored Global Information at a flat rate fee**** Esmerk Ltd offers access to same-day abstracted information from hundreds of sources including 497 newspapers in 22 languages from 85 different countries and delivered daily to you in English. For more information on how you can keep abreast in your industry contact us at <http://www.esmerk.com> Esmerk... We are here to keep you ahead! > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = [es1214] > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = >>> WHAT COUNTRY ARE YOU IN? <<< So that we can tailor Free Pint's content to your needs, please login to your Free Pint account and make sure your country is stored: <http://www.freepint.com/member> > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = FREE PINT BOOKSHELF <http://www.freepint.com/bookshelf> "Creating a successful e-information service" Written by Sheila Pantry and Peter Griffiths Reviewed by Celia Hukins This book is about creating a successful e-information service. Sheila Pantry and Peter Griffiths are both experienced information professionals and they write from that viewpoint, mostly with the larger organisation, with existing library systems, in mind. The book is presented in an easy-to-read format, with each of the eight chapters having a bullet point summary of content at the beginning and a summary at the end. Extensive use is made of case studies giving practical ideas. While these may not fit in with the reader's particular requirements, they do provide a useful starting point and, indeed, readers are encouraged to look further afield for answers to their specific questions. In setting up an e-information service, Pantry and Griffiths recommend that an information audit be undertaken, as described in their previous work on this topic. They provide some useful examples of checklists for defining what sort of information service you want to create; these include analysing business managers' information requirements, current sources of information used, and the current means of distributing information. Several key issues are identified and revisited from different angles in the course of the book. A virtual service can be based anywhere, have any target audience, and has the potential to be a 24/7 service (available 24 hours a day, 7 days a week). There are implications for staff development, identifying and retaining the target audience, and practical issues of financial management. Change management is vital, keeping all levels of staff and also service users informed of developments. Staff must have assistance to adjust to new ways of working, and appropriate training and development must be provided. The target audience must be defined and appropriate instruction and support services provided, in order to avoid the threat of users bypassing the service and accessing the web directly, or indeed going directly to product suppliers for their fee-based services. It is therefore important to keep in touch with customers, and one way to do this is by evaluating and monitoring the service. If a 24/7 service is offered, counterparts in different time zones can augment the service outside the normal working day. However, if the service is physically provided in a specific location, a local help desk may well be required, and consideration must be made of the security of equipment in antisocial hours. A suitable time for backup procedures must be identified. An e-information service does not necessarily save money. The service must be costed, taking into account the types of equipment required, the restrictions of license agreements, and the important issue of continued access to files of back issues of journals. There is a glossary of sample electronic services, covering examples such as Athens, for the UK higher and further education sector, the National Electronic Library for Health (NeLH), and the New Opportunities Fund (NOF). A lot of ground is covered at a basic level in this book, but I would have liked more information on topics such as the evaluation of internet resources, and the issues of appropriate staff qualifications and training. The bibliography has some useful references, with details of books, articles and some web sites, but it is a little limited and at least one of the web sites I checked was no longer available. I'm not quite sure who the target audience for this book is; while it claims to be for the successful information professional, it reads in many places like a student text-book. However, all groups should find some items of interest. > - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Celia Hukins is manager of the Small Business Gateway Information Service in Aberdeen, Scotland, where she provides business information, market research and training services to start-up and existing businesses. She writes here in a personal capacity. > - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Related Free Pint links: * Find out more about this book online at the Free Pint Bookshelf <http://www.freepint.com/bookshelf/e-information.htm> * Read customer comments and buy this book at Amazon.co.uk <http://www.amazon.co.uk/exec/obidos/ASIN/1856044424/freepint0c> * "Creating a successful e-information service" ISBN 1856044424 published by Facet Publishing, written by Sheila Pantry and Peter Griffiths * Search for and purchase any book from Amazon via the Free Pint Bookshelf at <http://www.freepint.com/bookshelf> * Read about other Internet Strategy books on the Free Pint Bookshelf <http://www.freepint.com/bookshelf/strategy.htm> To propose an information-related book for review, send details to <bookshelf@freepint.com>. > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = > = = = = = = = = = = = = = ADVERTISEMENT = = = = = = = = = = = = = = BORING IT TRAINING DELIVERED BY MOODY TRAINERS AT SILLY PRICES WITH LOUSY COFFEE AND NO BISCUITS is exactly what we don't offer. So try us - Hairnet IT training. Whatever you need to learn, wherever you want to learn it. Years of experience, scores of charming and experienced trainers all over the UK. Clients include Joe Bloggs and his wife, local government and public sector, libraries, 'blue chips' and charities. Contact us on 0870 241 5091, visit <http://www.hairnet.org> or email <info@hairnet.org> > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = [ha1215] > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = >>> VARIOUS SUBSCRIPTION OPTIONS IN MEMBER PORTAL <<< Login to your account in the Free Pint Member Portal and you can choose a range of delivery formats for the Free Pint Newsletter and Bar Digest. You can also access your Bar preferences, past invoices, purchased company reports and even your job profile: <http://www.freepint.com/member> > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = FEATURE ARTICLE <http://www.freepint.com/issues/190902.htm#feature> "Resignation or redundancy: understanding your legal rights" By Anne Ku Leaving your job is not a simple case of resigning, getting fired, accepting a voluntary separation package, or being made redundant. The way you leave could determine whether you get any compensation at all. Employees pressured to leave their jobs unwillingly can avoid the mistake of leaving unwittingly by knowing their rights and having a basic appreciation for the laws that govern employment and the legal recourse available. This article is designed to offer guidance and to help you understand your legal rights as an employee. It is not, however, a substitute for personal legal advice from a solicitor. Employment laws vary from country to country. It is fair to say that employment laws in the UK are stricter than those in the US, thus giving employees more protection. By the same token, employment laws in continental Europe are even more favourable to employees. This article discusses the issues that apply in England, Wales and Scotland only. Your choice or theirs --------------------- It's worth knowing your rights as an employee in the company you work for and the country you work in. For the former, consult your employment contract and human resources policy guides. For the latter, the Citizen's Advice Bureau's web site at <http://www.adviceguide.org.uk> contains a wealth of easy-to-read information on UK employment law, such as your basic rights at work, right to pay, dismissal, and redundancy. If you "resign" or "quit", you give up your rights as an employee. There are some interesting articles and message boards about how to resign at <http://www.i-resign.com>. If you are dismissed, that is, you've been "fired", "sacked" and thus "lose your job", you are protected by the employment laws of the country. Understanding what they are will help you determine whether you could claim unfair dismissal, wrongful dismissal, or discrimination. For a dismissal to be fair, an employer must show that the reason for the dismissal falls within one of the following potentially fair reasons: 1) conduct, 2) capability (incompetence, ill health, etc.), 3) illegality, 4) redundancy, or 5) some other substantial reason. If the reason for dismissal does not fall within one of the above, then the dismissal will be unfair. If it does fall within one of the categories, it is then necessary to determine whether the dismissal is actually justified. It must also be "substantively fair" (the dismissal must be a reasonable response to the matter in question) and "procedurally fair" (the decision to dismiss is only reached after a fair and proper procedure). There are many web sites on employment law. The British Employment Law Main Index at <http://www.emplaw.co.uk/free/index.htm> explains the above concepts in greater depth. <http://www.unfair-dismissal.co.uk> contains nuggets of useful information on this topic. For the latest updates to UK employment law, consider the independent researcher Incomes Data Services (IDS)'s site at <http://www.incomesdata.co.uk/brief/law.htm>. If you have the time, browse through the electronic law library at <http://library.ukc.ac.uk/library/lawlinks/default.htm>. Constructive dismissal: "I quit because you forced me to" --------------------------------------------------------- In certain cases, you could resign and claim to have been "constructively dismissed" to get compensation. In other words, you were "forced" to resign by your employer's actions. "Constructive dismissal" is rarely seen as a fair dismissal. The law states four conditions that an employee must satisfy in order to claim constructive dismissal: 1) the employer's actions constitutes a breach of contract; 2) the breach of contract is sufficiently serious to justify the employee leaving; 3) the employee leaves only in response to that breach of contract; and 4) the employee does not delay too long between the breach of contract and his decision to leave. Redundancy: "we don't need you anymore" --------------------------------------- The word "redundant" means "superfluous" or "extra". To make an employee redundant, the employer must require fewer employees to carry out work of a particular kind. Therefore you cannot be genuinely redundant if you are to be replaced as there is no reduction in the number of employees required to do your particular work. Note that being made "redundant" is only one of several reasons for a dismissal. In practice an employee will be redundant under any of the following circumstances: 1) there is less work to be done and therefore fewer employees are required to do it; 2) there is just as much work but due to computerisation or reorganisation, fewer people are now required to do it; or 3) your place of work is closing so that no employees are now required. Redundancy procedure is quite complex, and employers must be very careful to deal with matters properly. If they fail to do so, they may face an unfair dismissal claim. For further reading on dismissals and grievances, visit the site of Advisory Conciliation and Arbitration Service, a public body funded by UK tax-payers, at <http://www.acas.org.uk>. You can also call your local law centre listed at <http://www.lawcentres.org.uk> for free and independent legal advice. Compromise agreement: "pay me to leave without a fuss" ------------------------------------------------------ Because dismissing an employee is not a simple matter, employers may enter into a "compromise agreement" to protect themselves (from future lawsuits and claims by the employee). Compromise agreements usually contain a confidentiality clause which can be desirable for an employer. In some circumstances a compromise agreement will be proposed when an employer has decided to dismiss a particular employee but has no potentially fair reason for doing so. In such a case the dismissal will be unfair and the employer would rather "pay off" the employee under a compromise agreement than be dragged through an unfair dismissal claim when they know the employee will win. The agreement means the employer can dismiss the employee without fear of future problems. In other cases, employers have a policy of asking employees to sign a compromise agreement whenever they are paying the employee more than their legal entitlement on the termination of their employment (even if the dismissal would be a fair one). The theory is simply that by giving an employee more than they (the employer) have to, they should be entitled to ask for something in return and that something is normally the protection of a compromise agreement. While some voluntary separation or severance packages fall under this category, a compromise agreement generally refers to the case where the employees waive their statutory rights. A compromise agreement can also be useful if an employer wishes to restrict an employee's activities not specifically stated in the employee's original contract of employment. This will give an employer a "second chance" to negotiate terms with regard to the employee's behaviour after his departure. A compromise agreement is only valid if the employee has taken legal advice from a qualified adviser (usually a solicitor), and that adviser is also identified in the agreement. If the agreement does not comply with the necessary formalities, it will not prevent the employee from claiming unfair dismissal. [Although employers are not obliged to pay for their employee to consult with a legal adviser, most would offer to pay (up to a certain amount) to make the agreement attractive and speed up the employee's acceptance of the agreement. Even so, the amount is usually minimal and not sufficient to cover extensive legal advice, further negotiation, or legal fees towards a claim should the employee decide not to accept the agreement]. Getting legal advice -------------------- The web sites suggested here are intended to help you become more aware and knowledgeable about your rights as an employee. If you are dismissed from your job, you may need to talk to a solicitor. This may prove quite costly, depending on the seniority of the solicitor (London hourly rates of GBP150 to GBP300 are not uncommon) and the complexity of your case (number of hours could run into days!). The Law Society at <http://www.lawsoc.org.uk> contains a useful search engine for solicitors. Employment issues are often complex and bills can be large. Even if you are successful in your claim you will not be awarded your legal costs against your employer except in exceptional circumstances. You may get your solicitor to act on a "contingency fee" basis whereby you are only charged if you win. However, don't be surprised if it reduces your compensation by 30% to 40%! One way around this is to take out legal insurance, which could include both legal advice and payment of legal fees in claims. Legal insurance is available as a standalone policy, part of a professional membership (such as a trade union or a professional body), or as an add-on to a home and contents insurance policy. To date no comprehensive site exists on legal insurance, but you may look for insurance brokers and insurance companies at <http://www.ukinsuranceguide.co.uk>. An example of a reputable service is Direct Line's Family Legal Protection Policy, which is only available in conjunction with the company's Home Insurance Policy. It provides 24 by 7 access to a team of legal advisers via a local phone call. Since there is no limit to the number of phone calls, the policyholder can more intelligently negotiate with the employer to the point that a solicitor is required. The policyholder may then fill out a claim form to request its legal advisers to look into, advise on, and negotiate a better settlement. In the author's experience, employing a separate group of solicitors would cost more than 100 times the annual legal insurance premium! > - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - About the author: Anne Ku has experienced both resignation and redundancy as an employee in a management consulting firm, a bank, an energy company, and a publishing house. For this article, she thanks Richard Simpkins, a member of Direct Line's Legal Advice Line at <http://www.directline.com>, for educating her on UK employment law as well as providing an excellent service. This is her seventh article for Freepint. Other published work can be found on her web site for self-expression at <http://www.analyticalQ.com>. > - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Related Free Pint links: * "Employment/Recruitment/HR" resources in the Free Pint Portal <http://www.freepint.com/go/p43> * Post a message to the author, Anne Ku, or suggest further resources at the Free Pint Bar <http://www.freepint.com/bar> * Read this article online, with activated hyperlinks <http://www.freepint.com/issues/190902.htm#feature> * Access the entire archive of Free Pint content <http://www.freepint.com/portal/content/> > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = > = = = = = = = = = = = = = ADVERTISEMENT = = = = = = = = = = = = = = Ready to accept payments online? <http://www.globalgold.co.uk/Ecommerce/> GoldCart is an outstanding software solution that gets you online and trading in 2-3 days! With no merchant account, no on-going fees, just a straight GBP 399 set-up charge and hosting fees of GBP 11.50 pm! Call 0870 0044446 NOW to work with one of Europe's most forward-thinking hosting providers, because we make things simple at Global Gold! <http://www.globalgold.co.uk/Hosting/> > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = [gg1216] > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = >>> YOU'VE READ THIS, AND SO WILL YOUR AUDIENCE <<< Advertising with Free Pint works. Hence the number of repeat advertisers every issue. Many are on their fourth year with us. Space is limited so find out more about advertising today at: <http://www.freepint.com/advert.htm> > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = FORTHCOMING EVENTS <http://www.freepint.com/events> There are 3 events being held in London at the beginning of October. The first event on the 1st and 2nd is the '2nd European Conference on e-Government' <http://www.freepint.com/go/e154>. The second event on the 10th is the 'UK Inmagic User Group Annual Conference' <http://www.freepint.com/go/e152>. The third event will "provide an overview of STN's premier online databases covering toxicological issues" and is on the 3rd <http://www.freepint.com/go/e157>. If "chemical, patent, and sci-tech information" is your passion then head to Nimes for the 'International Chemical Information Conference & Exhibition' at the end of October <http://www.freepint.com/go/e108>. The 'Competia European Symposium 2002' will be taking place in Amsterdam for anyone in the field of Competitive Intelligence <http://www.freepint.com/go/e97>. Submit details of your event today for free promotion. Simply complete the form at <http://www.freepint.com/events>. Penny <penny@freepint.com> > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = FREE PINT GOLD This time last year, Wales and Women were the topics covered in Issue 96. Sue Mace put together a whole host of sites for us, stretching from Welsh language to Welsh business and economy. Ailsa Bates found some fascinating research about women in business and discovered that there are more and more sites for 'web savvy' entrepreneurial women. * Free Pint No.96 20th September 2001. "Wales: Business, Economic and Government Sources" and "Women In Business" <http://www.freepint.com/issues/200901.htm> Two years ago Steve D'Arcy's Tips article was all about KM and the courses and workshops available at the time. Colin Duguid's article on 'cash flow information and resources' could come in useful if you are a small business owner. * Free Pint No.71, 21st September 2000. "Routes into Knowledge Management" and "The Net Snags Cash Flow - Business Information and Cash Flow on the Internet" <http://www.freepint.com/issues/210900.htm> "...the Internet is about people - Information and interactivity. It is about communication" said Gerry McGovern when talking to Crystal Sharp about his Irish internet consultancy. On the 24th October 1998 the European Data Protection Directive came into force, and Adrian Tribe looked at the requirements of the new Act. * Free Pint No.46, 23rd September 1999. "The UK 1998 Data Protection Act and your Web site" and "About NUA: A discussion with Gerry McGovern, CEO NUA" <http://www.freepint.com/issues/230999.htm> Four years ago William Hann and Martin White both wrote articles for Issue 22. William continued with his series of articles on search engines and Martin looked at Electronic Commerce. * Free Pint No.22, 17th September 1998. "Reverse Psychology - How to find more sites like the ones you love" and "Electronic commerce" <http://www.freepint.com/issues/170998.htm> Penny <penny@freepint.com> > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = FREE PINT FORTHCOMING ARTICLES [Provisional] * Teaching in China * Web Performance * Patents* * Cataloguing the Web * Site Evaluation * Health Informatics * * Venezuela * Vendors * Legal Sources * Competitive Intelligence * * Archive Television * Alternative Search Strategies * If you have a suggestion for an article topic or would like to write for Free Pint then please contact <penny@freepint.com> or sign up for the Author Update at <http://www.freepint.com/author.htm>. > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = GOODBYE We really hope you've enjoyed today's edition of Free Pint. Do join us online for a whole lot more <http://www.freepint.com>. See you in two weeks! William Hann, Managing Editor <william@freepint.com> (c) Free Pint Limited 1997-2002 <http://www.freepint.com/> > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = CONTACT INFORMATION Address: Free Pint Limited 4-6 Station Approach Ashford, Middlesex TW15 2QN, United Kingdom Tel: +44 (0)1784 420044 Fax: +44 (0)1784 420033 Directions and maps: <http://www.freepint.com/contact.htm> Contributors: William Hann, Managing Editor <william@freepint.com> Penny, Administrator <penny@freepint.com> Anne Ku <http://www.analyticalQ.com> Helen Baxter <http://www.knowledgeboard.com> Anjlee Bhatt <http://www.uce.ac.uk/uceel> Celia Hukins Proof reading: Plain Text <http://www.plain-text.co.uk/> Advertisers/Sponsors: Factiva, Learned Information, MarketResearch.com, Esmerk, Hairnet, Global Gold. Web <http://www.freepint.com> Subscriptions <subs@freepint.com> Letters & Comments <feedback@freepint.com> Authors <http://www.freepint.com/author.htm> Latest Issue Autoresponder <auto@freepint.com> Advertising <http://www.freepint.com/advert.htm> > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = To subscribe, unsubscribe, change your subscriptions or password, visit <http://www.freepint.com/member> or email <subs@freepint.com>. For details about contributing, advertising or to see past issues, please visit the Web site at <http://www.freepint.com/> or email <info@freepint.com>. Please note: Free Pint (ISSN 1460-7239) is a registered trademark of, and published by, Free Pint Limited. The publishers will NEVER make the subscriber list available to any other company or organisation. The opinions, advice, products and services offered herein are the sole responsibility of the contributors. Whilst all reasonable care has been taken to ensure the accuracy of the publication, the publishers cannot accept responsibility for any errors or omissions. This publication may be freely copied and/or distributed in its entirety. However, individual sections MAY NOT be copied and/or distributed without the prior written agreement of the publishers. Write to William Hann <william@freepint.com> for more details. Product names used in Free Pint are for identification purposes only, and may be trademarks of their respective owners. Free Pint disclaims any and all rights in those marks. All rights reserved. > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = > = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
« Previous Newsletter Next Newsletter »
About this Newsletter
- Publication Date: 18th September 2002
- PDF
Best option for printing and saving - Plain text
- Link: https://www.jinfo.com/go/newsletter/121
What's new at Jinfo?
From information retrieval to integrated intelligence - with Dow Jones
23rd January 2025
AI contracting and licensing; Strategic information managers; End-user training
10th December 2024
- Jinfo Community session (TBC - Mar 2025) (Community) 20th March 2025
- Jinfo Community session (TBC - Feb 2025) (Community) 25th February 2025
- From information retrieval to integrated intelligence - with Dow Jones (Community) 23rd January 2025
Learn more about the Jinfo Subscription